| Author | Title | Citation | Summary | Year |
| Kimberly Jade Norwood , Ronald Alan Norwood |
THE ROOT AND BRANCHES OF STRUCTURAL SCHOOL RACISM IN MISSOURI: A STORY OF FAILURE BY DESIGN AND THE ILLUSION AND HYPOCRISY OF SCHOOL CHOICE |
67 Washington University Journal of Law & Policy 293 (2022) |
Since Missouri was first admitted into the Union as a slave state, it has been hostile to the education of its Black residents. This Article examines the evolution of that hostility from 1821 through 2021 (from the most overt and blatant in the early years, to the subtler and covert in the modern era). Starting with the original total ban on the... |
2022 |
| Katherine Ranero |
THE SOUND OF RACIAL DISPARITY: COPYRIGHT LAW AND THE BLACK MUSICIAN |
23 Loyola Journal of Public Interest Law 108 (Spring, 2022) |
C1-2TABLE OF CONTENTS ABSTRACT. 108 INTRODUCTION. 109 I. American Copyright Law. 111 a. The 1909 Copyright Law. 112 b. The 1976 Copyright Act and the Sound Recording Act. 113 i. Arbitrary Methods of Isolation: Disciplinary or Administrative?. 114 ii. Fixation. 115 iii. Idea-Expression Doctrine. 115 II. Critical Race Theory and IP. 116 III. The... |
2022 |
| Stan Oftelie |
THE STAIN OF RACIALLY RESTRICTIVE COVENANTS IN ORANGE COUNTY |
64-JUL Orange County Lawyer 37 (July, 2022) |
For more than a century, Orange County was so hostile to African Americans that the county was routinely called the Mississippi of the West. For more than 100 years, a combination of local customs and restrictive deed covenants made it clear to Blacks and other minorities that they were not welcome in Orange County. When laws were liberalized in... |
2022 |
| Erwin Chemerinsky |
THE SUPREME COURT AND RACIAL PROGRESS |
100 North Carolina Law Review 833 (March, 2022) |
The Supreme Court has had a dismal record on issues of race throughout American history. The Court enforced the institution of slavery, upheld separate but equal, and consistently failed to deal with systemic racism and racial inequalities. The current Court is the most conservative since the mid-1930s and is unlikely to advance racial equality.... |
2022 |
| Alessandro Clark-Ansani |
THE UNCONSTITUTIONAL RACIAL ANIMUS BEHIND FEDERAL MARIJUANA CRIMINALIZATION |
7/29/2022 University of Chicago Law Review Online 1 (29-Jul-22) |
In August 2021, the Honorable Miranda M. Du, Chief Judge for the district court of the District of Nevada, struck down 8 U.S.C § 1326, the federal criminal statute that addresses illegal reentry into the United States. That groundbreaking decision, United States v. Carrillo-Lopez (D. Nev. 2021), relied on the test established in Village of... |
2022 |
| Lua Kamál Yuille |
THE WATCHER'S PARADOX: BEARING WITNESS/RACIAL VOYEURISM |
51 Southwestern Law Review 218 (2022) |
Create dangerously, for people who read dangerously . knowing in part that no matter how trivial your words may seem, someday, somewhere, someone may risk his or her life to read them. - Edwidge Danticat The least fun thing about being a black female law professor on campus . A few years ago--no, I remember the date precisely--September 7, 2018.... |
2022 |
| Kimberlé Williams Crenshaw |
THIS IS NOT A DRILL: THE WAR AGAINST ANTIRACIST TEACHING IN AMERICA |
68 UCLA Law Review 1702 (February, 2022) |
On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In this modified acceptance speech delivered at the 2022 AALS Awards Ceremony, she reflects on the path that brought her to this moment and... |
2022 |
| Medha D. Makhlouf |
TOWARDS RACIAL JUSTICE: THE ROLE OF MEDICAL-LEGAL PARTNERSHIPS |
50 Journal of Law, Medicine & Ethics 117 (Spring, 2022) |
Keywords: Medical-Legal Partnership, Health Equity, Structural Determinants of Health, Racism, Poverty Abstract: Medical-legal partnerships (MLPs) integrate knowledge and practices from law and health care in pursuit of health equity. However, the MLP movement has not reached its full potential to address racial health inequities, in part because... |
2022 |
| Adriane M. Kappauf |
TWIN FLAMES: A STORY OF RACIAL GERRYMANDERING AND PARTISAN GERRYMANDERING |
28 Widener Law Review 119 (2022) |
C1-2Table of Contents I. Introduction. 120 II. Background: How did we get here?. 124 A. The Voting Rights Act of 1965: Guarding the Crown Jewel. 126 B. Racial Gerrymanders: A Bridge Too Far. 127 C. Wolves in Sheep's Clothing: Racial Gerrymandering Hiding as Partisan. 128 D. Loss of the Crown Jewel: Shelby County, Ala. v. Holder. 131 E. The... |
2022 |
| Kate E. Britt |
UNEASY LIES THE HEAD: TRACKING A LOOPHOLE IN RACIAL DISCRIMINATION LAW |
101-JAN Michigan Bar Journal 46 (January, 2022) |
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. Historically, courts have ruled in favor of workplace grooming policies that prohibit most natural Black hairstyles as not unlawfully discriminatory within the scope of Title VII. This article discusses hair... |
2022 |
| Teri Dobbins Baxter , Thomas Williams , Jacob Elberg , Barry R. Furrow , Renée Landers |
UNIVERSITY OF KANSAS SCHOOL OF LAW "POST-PANDEMIC PRIVACY" SYMPOSIUM: ROUNDTABLE DISCUSSION ON THE DISPROPORTIONATE IMPACT OF THE PANDEMIC IN RACIALLY MARGINALIZED COMMUNITIES |
31-SUM Kansas Journal of Law & Public Policy 463 (Summer, 2022) |
The COVID-19 pandemic has brought social and racial injustice and inequity to the forefront of public health. One of the most disturbing aspects of the COVID-19 pandemic is that it has disproportionately affected racial and ethnic minority groups, with high rates of death in African American, Native American, Latin American, and Alaskan Native... |
2022 |
| Lynn Su |
UNPACKING THE TEACHING POTENTIAL OF A HYPOTHETICAL CRIMINAL CASE INVOLVING A CROSS-RACIAL EYEWITNESS IDENTIFICATION |
66 New York Law School Law Review 339 (2021/2022) |
I am invisible, understand, simply because people refuse to see me. Like the bodiless heads you see sometimes in circus sideshows, it is as though I have been surrounded by mirrors of hard, distorting glass. When they approach me they see only my surroundings, themselves, or figments of their imagination--indeed, everything and anything except me.... |
2022 |
| Osamudia James |
WHITE INJURY AND INNOCENCE: ON THE LEGAL FUTURE OF ANTIRACISM EDUCATION |
108 Virginia Law Review 1689 (December, 2022) |
In the wake of the racial reckoning of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in... |
2022 |
| Christian Powell Sundquist |
WHITE VIGILANTISM AND THE RACISM OF RACE-NEUTRALITY |
99 Denver Law Review 763 (Summer, 2022) |
Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This... |
2022 |
| Marissa Jackson Sow |
WHITENESS AS GUILT: ATTACKING CRITICAL RACE THEORY TO REDEEM THE RACIAL CONTRACT |
69 UCLA Law Review Discourse 20 (2022) |
The year of racial justice awakening following George Floyd's 2020 murder have been accompanied by a rise in attacks on Black thought, including Critical Race Theory, led by far-right activists who are invested in maintenance of a white supremacist status quo in the United States. This Essay uses artist Kara Walker's 2014 Sugar Sphinx to... |
2022 |
| Malik Edwards, William A. Darity Jr. |
WHY COLOR-BLIND SOLUTIONS WON'T SOLVE THE RACIAL WEALTH GAP: HOW WE CAN OVERCOME THE CONSTITUTIONAL HURDLES TO RACE CONSCIOUS REMEDIES IN ADDRESSING THE WEALTH GAP |
110 Kentucky Law Journal 769 (2021-2022) |
Table of Contents. 769 Introduction. 770 I. Constitutional Challenge. 771 A. How Did We Get Here?. 775 II. Guiding Remedies to Address the Racial Wealth Gap. 781 A. Compelling Interest. 781 B. Narrowly Tailored. 786 |
2022 |
| Taylor N. Haefele |
WISCONSIN'S 2011 ACT 108, LEGISLATIVE INACTION, AND SEVERE RACIAL DISPARITY: A RECIPE FOR A FAIR HOUSING VIOLATION |
23 Marquette Benefits & Social Welfare Law Review 109 (Spring, 2022) |
When individuals are released from prison, the biggest predictor of whether they will reoffend or successfully reenter society is whether the recently released individual has access to stable housing. Unfortunately, nearly every avenue to housing requires passing a criminal background check. Recognizing this as posing a nearly insurmountable... |
2022 |
| Cedric Merlin Powell |
WOKE? |
25 Green Bag 123 (Winter, 2022) |
Conflating the whitelash against anti-racist activism and policy advocacy with a reverse racism conceit ripe with the fervor of a new religion, John McWhorter, Columbia University linguist and social commentator, unearths a new Black pathology-- Woke Racism--a religion of wokeness that threatens to betray Black America. America is in the looking... |
2022 |
| Theresa Montaño , Tricia Gallagher-Geurtsen |
YES, CRITICAL RACE THEORY SHOULD BE TAUGHT IN YOUR SCHOOL: UNDOING RACISM IN K-12 SCHOOLING AND CLASSROOMS THROUGH CRT |
69 UCLA Law Review Discourse 84 (2022) |
Despite panicked calls from the right to keep Critical Race Theory (CRT) out of the K-12 classroom, the authors assert that CRT, one of many theoretical frameworks used in ethnic studies, is needed to address the entrenched status quo of well-documented inequity through racism in schooling. Rather than deny that CRT is being taught in schools, the... |
2022 |
| Ron Cichowicz |
YLD'S ANTI-RACISM COMMITTEE HOLDS FIRST GREEN CARD RENEWAL CLE AND CLINIC |
24 Lawyers Journal 8 (12-Aug-22) |
Responding to a growing need to assist refugees in Allegheny County, the Anti-Racism Committee (ARC) of the ACBA's Young Lawyers Division (YLD) recently held a Green Card renewal CLE, followed by a clinic. The aim of the two events was intended to help refugees renew their Permanent Resident Card (commonly called a Green Card) while also educating... |
2022 |
| Alison J. Lynch, Esq. , Michael L. Perlin, Esq. |
"I SEE WHAT IS RIGHT AND APPROVE, BUT I DO WHAT IS WRONG": PSYCHOPATHY AND PUNISHMENT IN THE CONTEXT OF RACIAL BIAS IN THE AGE OF NEUROIMAGING |
25 Lewis & Clark Law Review 453 (2021) |
In this Article, we first consider the relevant differences between antisocial personality disorder (ASPD) and psychopathy. Then, we look at the meager cohort of federal sentencing cases in which the issue of psychopathy is even raised, and consider decision-making in this context from the perspective of implicit racial bias. Next, we present some... |
2021 |
| Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD |
"I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY |
25 U.C. Davis Social Justice Law Review 73 (Summer, 2021) |
I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... |
2021 |
| H. Timothy Lovelace Jr. |
"TO RESTORE THE SOUL OF AMERICA": HOW DOMESTIC ANTI-RACISM MIGHT FUEL GLOBAL ANTI-RACISM |
115 AJIL Unbound 63 (2021) |
On November 7, 2020, President Joe Biden proclaimed that his administration would restore the soul of America. He declared that U.S. voters had given him a mandate to achieve racial justice and root out systemic racism in this country, and that he plans to use the nation's restored moral leadership to create international consensus around U.S.... |
2021 |
| Casey R. Johnson, Michael A. Gregg |
2020 RACIAL JUSTICE LEGISLATIVE REVIEW: THE LIMITS OF THE OUTRAGE SURROUNDING GEORGE FLOYD |
63-FEB Orange County Lawyer 26 (February, 2021) |
The year 2020 will forever be associated with the devastation of COVID-19. Institutions throughout the country had to adapt during unprecedented times to continue to function as best they could. The California legislature was no exception. Virtual hearings, online meetings, and telephone calls replaced the personable, in-person connections that... |
2021 |
| The Honorable Ashleigh Parker Dunston |
A CALL TO ACTION: FIGHTING RACIAL INEQUALITY BEHIND THE BENCH |
43 Campbell Law Review 109 (Winter, 2021) |
When I was asked to write this essay for the Campbell Law Review's issue on The State Court Judges' Perspectives, I was asked to specifically share my experiences with racism in practice and now on the bench. Quite frankly, I'm a thirty-three-year-old, black woman and have been practicing law for only the last eight years and serving on the bench... |
2021 |
| D. Bruce Hoffman |
A CONVERSATION ABOUT DIVERSITY, RACISM AND EQUALITY IN THE LEGAL PROFESSION |
31 Competition: The Journal of the Antitrust and Unfair Competition Law Section of the California Lawyers Association 73 (Spring, 2021) |
A goal of the Antitrust and Unfair Competition Law Section is to increase diversity and inclusion in the antitrust bar. This esteemed panel of antitrust experts from in-house, private, and government practice discusses the state of diversity in the field. It also discusses models for increasing diversity in organizations, like the Rooney Rule used... |
2021 |
| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 New York University Annual Survey of American Law 375 (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
| Sarah Brady Siff, Visiting Assistant Professor, Drug Enforcement & Policy Center, Moritz College of Law, The Ohio State University |
A HISTORY OF EARLY DRUG SENTENCES IN CALIFORNIA: RACISM, RIGHTISM, REPEAT |
2021 Federal Sentencing Reporter 5161970 (October 1, 2021) |
For the past hundred years, harsh drug sentences have had extraordinary support from the public. Historically, enthusiasm for drug prohibition often coincides with affinities for summary justice and authoritarian social control. Escalations of drug sentences in California from 1881 to 1961 followed a pattern of collective myth making and value... |
2021 |
| Justin Desautels-Stein |
A PROLEGOMENON TO THE STUDY OF RACIAL IDEOLOGY IN THE ERA OF INTERNATIONAL HUMAN RIGHTS |
67 UCLA Law Review 1536 (April, 2021) |
There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through... |
2021 |
| Kallie S. Klein , Susan R. Klein |
A RACIALLY BIASED OBSTACLE COURSE: APPRENDI TRANSFORMED THE FEDERAL SENTENCING GUIDELINES INTO A SERIES OF JUDICIAL OBSTACLES; CAN SHAME REDUCE THE RACIAL DISPARITIES? |
99 North Carolina Law Review 1391 (June, 2021) |
We are delighted to celebrate the twentieth Anniversary of Apprendi v. New Jersey, a case that sought to correctly enshrine the jury's role in a criminal trial by requiring the government both to plead in an indictment and prove to a jury beyond a reasonable doubt any facts triggering an increased statutory maximum penalty. As we note in Part I of... |
2021 |
| Laura M. Moy |
A TAXONOMY OF POLICE TECHNOLOGY'S RACIAL INEQUITY PROBLEMS |
2021 University of Illinois Law Review 139 (2021) |
Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate inequity in policing. To help address these concerns, some advocates and scholars have proposed requiring police agencies to seek and obtain legislative... |
2021 |
| Michael Stokes Paulsen |
ABORTION AS AN INSTRUMENT OF EUGENICS |
134 Harvard Law Review Forum 415 (June 1, 2021) |
Professor Melissa Murray is right about one thing. Laws banning trait-selection abortion--prohibitions on abortion when had solely because of the race, sex, or specific disability of the child that otherwise would be born-- pose a direct challenge to the Supreme Court's constitutional abortion-law doctrine under Roe v. Wade and Planned Parenthood... |
2021 |
| Eric Mogilnicki, Graves Lee, Covington & Burling LLP |
ACTING DIRECTOR UEJIO DELIVERS REMARKS REGARDING RACIAL HOME OWNERSHIP GAP AND SPECIAL PURPOSE CREDIT PROGRAMS |
2021-SEP Business Law Today 3 (September, 2021) |
On September 1, 2021, CFPB Acting Director Dave Uejio spoke before the National Fair Housing Alliance's Virtual Forum on Special Purpose Credit Programs. In his remarks, he discussed the racial home ownership gap, the importance of access to home ownership in eliminating these disparities, and the effects of the COVID-19 pandemic in exacerbating... |
2021 |
| Brittany L. Raposa |
ADDING A LAYER OF INJUSTICE: AMPLIFIED RACIAL DISPARITIES IN REPRODUCTIVE HEALTH CARE IN THE WAKE OF COVID-19 |
98 University of Detroit Mercy Law Review 351 (Spring, 2021) |
Imagine a woman with pre-existing health conditions getting pregnant in the middle of 2020. The woman lives in a large rural area, and her obstetrician is approximately 40 miles away. Due to the pandemic, the woman is laid off from work, and she and her partner are on a tight financial budget, as they already always struggled financially. She feels... |
2021 |
| Matt Allinder |
ADDRESSING RACIAL DISPARITIES IN THE DISTRIBUTION OF THE COVID-19 VACCINE |
30 Annals of Health Law Advance Directive 101 (Spring, 2021) |
It is well documented that systemic health and social inequalities have put many individuals belonging to racial and ethnic minority groups at increased risk of being exposed to and dying from COVID-19. Social determinants of health are conditions in the environments in which people are born, live, learn, work, play, worship, and age that affect a... |
2021 |
| Rory Svoboda |
ADDRESSING RACIAL DISPARITIES IN TREATMENT FOR OPIOID USE DISORDER ON CHICAGO'S WEST SIDE |
30 Annals of Health Law Advance Directive 279 (Spring, 2021) |
The opioid epidemic began in the 1990s and has since persisted with ferocity, wreaking havoc across the nation. Opioids are a class of drugs used to treat pain and can come in the form of prescription opioids, fentanyl, or heroin. Millions of Americans have felt the devastating effects of addiction to these drugs with white people, specifically... |
2021 |
| Dr. Mary L. Milano , Kenya A. Jenkins-Wright |
ADDRESSING RACIAL INEQUALITY |
109 Illinois Bar Journal 40 (February, 2021) |
An Illinois State Bar Association initiative; a nationwide imperative. ON MAY 25, 2020, GEORGE FLOYD, a black man, was killed by members of the Minneapolis Police Department. America watched in collective disbelief and outrage as video footage showed Floyd trying to breathe and crying for help for eight minutes and 46 seconds. His crime, if any,... |
2021 |
| Jelani Jefferson Exum |
ADDRESSING RACIAL INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM THROUGH A RECONSTRUCTION SENTENCING APPROACH |
47 Ohio Northern University Law Review 557 (2021) |
Justice reform is having a moment. Across the nation and in the federal government, legislation has passed to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction. While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice... |
2021 |
| Christina Bartholomew |
ADVANCING RACIAL EQUITY THROUGH THE UN SUSTAINABLE DEVELOPMENT GOALS |
68-APR Federal Lawyer 20 (March/April, 2021) |
The urgency for racial equity is a clarion call for the legal profession. As legal practitioners consider how best to support this global movement, the FBA Diversity and Inclusion (D&I) Committee collaborated with the UN Global Compact to develop a comprehensive certified program for law students studying throughout the United States to promote... |
2021 |
| Robert F. Weber |
AGAINST DISCOURSE: WHY ELIMINATING RACIAL DISPARITIES REQUIRES RADICAL POLITICS, NOT MORE DISCUSSION |
37 Georgia State University Law Review 1177 (Summer, 2021) |
Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today--in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its... |
2021 |
| Ekow N. Yankah |
AHMAUD ARBERY, RECKLESS RACISM AND HATE CRIMES: RECKLESSNESS AS HATE CRIME ENHANCEMENT |
53 Arizona State Law Journal 681 (Summer, 2021) |
In February 2020, Ahmaud Arbery, a twenty-five-year-old Black jogger in Georgia, was chased down by a group of armed, White men in trucks, trapped, shot, and killed. His killers pursued Arbery because they suspected him--with no evidence whatsoever--of being behind a string of (unreported) neighborhood robberies. Arbery's killers had never seen any... |
2021 |
| Maurice R. Dyson |
ALGORITHMS OF INJUSTICE & THE CALLING OF OUR GENERATION: THE BUILDING BLOCKS OF A NEW AI JUSTICE IN THE TECHNOLOGICAL ERA OF GLOBAL PREDATORY RACIAL CAPITALISM |
5 Howard Human & Civil Rights Law Review 81 (Spring, 2021) |
I would like to thank Dean Holley-Walker, Howard University School of Law, Professor Darin Johnson, Kayla Strauss, the staff of the Howard Human & Civil Rights Law Review, and the beloved spirit and legacy of C. Clyde Ferguson Jr., that continually inspires and guides this Annual Symposium. And we are beyond grateful for your thought leadership and... |
2021 |
| Henry F. Fradella , Weston J. Morrow , Michael D. White |
AN EMPIRICAL ANALYSIS OF THE RACIAL/ETHNIC AND SEX DIFFERENCES IN NYPD STOP-AND-FRISK PRACTICES |
21 Nevada Law Journal 1151 (Spring, 2021) |
C1-2Table of Contents Introduction. 1152 I. Stop-and-Frisk Authority. 1155 II. Stop-and-Frisk and the Undercurrent of Racial Injustice. 1160 A. Racial Issues in Terry v. Ohio. 1160 B. Racial Issues Throughout American Policing. 1161 III. Stop-and-Frisk and the NYPD. 1165 A. Crime, Disorder, and Broken Windows. 1165 B. Crime Control Benefits. 1169... |
2021 |
| Stephen Rushin, Griffin Edwards |
AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING |
73 Stanford Law Review 637 (March, 2021) |
Abstract. This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... |
2021 |
| Jessica K. Heldman, JD , Hon. Geoffrey A. Gaither |
AN EXAMINATION OF RACISM AND RACIAL DISCRIMINATION IMPACTING DUAL STATUS YOUTH |
42 Children's Legal Rights Journal 21 (2021) |
Not everything that is faced can be changed; but nothing can be changed until it is faced. - James Baldwin Racial disproportionality and disparity have long been characteristic of both the child welfare and youth justice systems. Discriminatory policies and practices present at the origin of these systems continue to plague children, families, and... |
2021 |
| Leona D. Jochnowitz , Tonya Kendall |
ANALYZING WRONGFUL CONVICTIONS BEYOND THE TRADITIONAL CANONICAL LIST OF ERRORS, FOR ENDURING STRUCTURAL AND SOCIOLOGICAL ATTRIBUTES, (JUVENILES, RACISM, ADVERSARY SYSTEM, POLICING POLICIES) |
37 Touro Law Review 579 (2021) |
Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness... |
2021 |
| Daniel Harawa , Brandon Hasbrouck |
ANTIRACISM IN ACTION |
78 Washington and Lee Law Review 1027 (Summer, 2021) |
Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court's fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet... |
2021 |
| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
ANTIRACISM, REFLECTION, AND PROFESSIONAL IDENTITY |
18 Hastings Race and Poverty Law Journal 3 (Winter, 2021) |
Abstract: Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional... |
2021 |
| Leah M. Litman |
ANTIRACIST REMEDIAL APPROACHES IN JUDGE GREGORY'S JURISPRUDENCE |
78 Washington and Lee Law Review 1051 (Summer, 2021) |
This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality... |
2021 |
| Lindsay deJesus Cress |
AS RACIAL TENSIONS RISE IN THE NATION, IT IS TIME TO ACKNOWLEDGE THE IMPACT OF RACIAL TRAUMA-INDUCED PTSD AND RELATED MENTAL HEALTH CONDITIONS ON BLACK SERVICEMEMBERS |
60 University of Louisville Law Review 203 (Fall, 2021) |
I am an American Soldier .. [I] live the Army Values .. I am disciplined, physically and mentally tough . I always maintain my arms, my equipment and myself. I am an expert, and I am a professional. The Soldier's Creed establishes the ethos Army Soldiers are expected to live by. Failure to conform with the Creed can result in negative... |
2021 |